The ABCC has taken legal action against the CFMMEU and its officials Dean Rielly, Matthew Vonhoff and Margues Pare alleging they contravened right of entry and occupational health and safety laws at the Yatala South Interchange upgrade project.
The $45 million project aims to deliver safety upgrades for motorists using the Pacific Motorway (M1), with improvements to traffic flow through a newly constructed bridge with additional lanes.
In its statement of claim, the ABCC alleges:
· On 25 October 2021, Mr Rielly and Mr Vonhoff attended the site and refused multiple requests to follow site OHS protocols which included refusing to sign into the visitor register complete the visitor induction and present themselves to the Project Manager.
· On 27 October 2021, Mr Rielly and Mr Pare entered the site in an unauthorised manner and refused multiple requests to follow site OHS protocols which included failing to report to the site office and sign into the visitor register.
· Mr Rielly had the following conversation with site representatives:
Mr Rielly: You need to start by using our subcontractors. We wouldn't have these issues if you had our guys.
Site representative: Who are your guys?
Mr Rielly: You tell me who you need, and I will tell you their names. If you don't start doing what I tell you I will go to my car, grab my bat and start swinging it around.
Site representative: Are you saying you are going to hit me? Are you threatening me?
Mr Rielly: I never said I'm going to hit you. I might just start swinging it around the carpark.
Site representative: I am in the carpark, so are you still threatening me?
Mr Rielly: No, I would just swing it around the carpark.
The ABCC is alleging Mr Rielly, Mr Vonhoff and Mr Pare contravened sections 499 and 500 of the Fair Work Act 2009 by refusing reasonable requests to comply with health and safety directions and behaving in an improper manner while on site.
The ABCC is seeking a personal payment order against all three union officials. Such an order would require Court imposed penalties to be paid personally by the union officials and not paid or reimbursed directly or indirectly by the CFMMEU or through crowd funding.
The maximum penalty for each contravention of the Fair Work Act is $66,600 for a body corporate and $13,320 for an individual.
